GUMAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been directed by the Appellant against his conviction, passed by the Learned Sessions Judge in Sessions Trial No. 37 of 2009 on 23.4.2010, for the offences punishable under Ss. 376 and 506 of the Indian Penal Code, whereby he has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 20,000/ - and in default to further undergo simple imprisonment for a period of six months for the offence of rape and also to undergo rigorous imprisonment for a period of one year and fine of Rs. 5,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of three months under Sec. 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) The Appellant had been in custody w.e.f. 25.2.2009, thus he was held entitled for set off as per provisions of Sec. 428 of the Code of Criminal Procedure. Learned trial Court also ordered that the amount of fine, if realized, shall be paid to the prosecutrix.

(3.) In short, the prosecution case, can be stated thus. In the year 2009, the prosecutrix was studying in 7th standard. On 24th February, 2009, there was a 'Bhandara'(feast) in the village, thus, all the students of her school were relieved around 12 noon. The prosecutrix went to the house of her classmate PW5 Sunaina. It is alleged that around 1 p.m., the Appellant, who was married from the same village had also arrived there. He asked the prosecutrix whether she was going to her village. On this, the prosecutrix accompanied him. On the way, they set in the Panchayat house. By that time, many school children had passed through. During the conversation, Appellant told her that she had talked about her marriage with his friend. He also told her that it was not a safe place for talking and advised her to proceed towards a place known as 'Badheuli' and later he followed her and met her near a rivulet, which was a secluded place. Taking advantage of her loneliness, she was raped by him. When she started crying, she was threatened by Appellant with dire consequences and also threatened that she would be killed if she disclosed this fact to her parents.